Judge: Kevin C. Brazile, Case: 22STCV06520, Date: 2023-06-22 Tentative Ruling

Hearing Date: November 14, 2023

Case Name: AMAG, Inc. v. Cubas, et al.

Case No.: 21STCV38459

Matter: Motion for Attorneys’ Fees

Moving Party: Cross-Complainant Anastasiia Arseneva

Responding Party: Unopposed

Notice: OK

Ruling: The Motion is granted in part.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

On March 6, 2023, Plaintiff AMAG, Inc. filed the operative First Amended Complaint (“FAC”) for (1) fraudulent conversion, (2) misrepresentation, (3) constructive fraud, (4) breach of fiduciary duty, and (5) declaratory relief.  Plaintiff alleges that Defendant Vlaze Media Networks, Inc. sought to avoid the judgment against it in case no. BC587406 by fraudulently transferring certain assets to the other Defendants or with the help of the other Defendants.  

On May 1, 2023, Anastasiia Arseneva filed the operative Second Amended Cross-Complaint (“SACC”) for (1) breach of written contract, (2) quantum meruit, (3) violation of Pen. Code §§ 528.5, 529, and (4) declaratory relief.

Arseneva now seeks $3,000 in attorneys’ fees as sanctions for being forced to file a motion to deem requests for admission admitted, which was denied on September 8, 2023, because responses were ultimately served by Zambrano Law Corporation.  

Arseneva claims the Court’s ruling was “without prejudice” with respect to her request for sanctions, although the only proof of this is her own notice of ruling, which is not even on the docket.  

There being no opposition, the Court awards reduced sanctions in the amount of $1,200.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.